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One of my friends got B1 Visa(business visa, it’s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training. He is planning to come to U.S in February 2009 on B1.

Could any one please help us with your valuable suggestions for the following questions?

Is it possible to come to U.S on B1 even after resigning the job?

Is there any possibility that the company revoke his B1?

What are the documents required to come to U.S on B1?

Thanks in Advance

#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.

#2. The company wants to try your friend.

#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.

#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.

#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)

Who paid for H-1B?

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ramus

05-30 09:00 PM

Bostn_gc, please help us..

While other members helping you can you also help IV and send some web-faxes..

Submitting AR-11 does not help but it is required. I did submit AR-11 still went to my old address. But my EAD/AP approvals came to my new address bcoz of change of address submitted through USPS. USCIS sent me all the confirmation that I have successfully changed my address for EAD/AP petitions, but still managed to send them to my old address.

I hope it helps.

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hemamani

06-25 06:03 PM

Hi...

I called Ciudad Juarez, Mexico - -800-919-1754 (with a cost of US$7.00 per call payable by Visa or MasterCard) and checked up with the customer service with my petition number whether he could see my petition details in his system. He told me that he could see my petition details in the system. And, I asked him whether that information is from PIMS? But, he told me that he is not sure what system is that but he could see my petition information.

Does anyone have thoughts on this ... ie., MY Petition information is available in PIMS right now? If so, when will I get the passports stamped?

Why does everyone think it can only be something that the USCIS has the power/authority to act on by themselves. It's been almost two weeks since this fiasco started and they may have been meeting with the right people to put something together.

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eadguru

11-02 12:59 PM

I got the same queries guys. i think most of vermont transferred applications are getting it.

i will also send color copies of all the documents mentined by you.

how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.

The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

I must correct the following facts for you. - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document. - The confusion seems to in the administrative language, spillover means FB to EB. I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.

I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".

That's all i know at this moment. I don't know whom to trust at this point.

There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.

Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.

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rajenk

02-11 07:18 PM

Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!

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CRAZYMONK

09-24 02:37 PM

I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter. Got RFE for both of us.

Could be. Nice Find.

There you are. I am pretty sure that the reason for your RFE is your travel.

Every thing should be fine if you just send your medicals again.

Any way all the best.

saketkapur

07-31 07:01 PM

I hope they did not hire "loser's guild" to do the job :D:D:D

Legal_In_A_Limbo

04-28 08:27 PM

If you dont mind, can you keep us updated. I will really appreciate that.